Adding to litigation already underway between Tabor Academy and the town regarding the school’s failure to undergo a site review process for work on its new turf fields, the Marion Zoning Board of Appeals formally put its weight behind the Building Commissioner’s denial of a permit for scoreboards at its January 12 meeting.

Tabor Academy has 20 days to appeal the decision upon its receipt.

Last October, Building Commissioner Scott Shippey had denied Tabor Academy permits to construct three scoreboards at Hoyt Field because the school had not submitted to a site plan review. The school is also in litigation with the Board of Health due to its failure to provide adequate stormwater management plans.

While the courts are pushing the two parties toward mediation, ZBA Chairman Robert Wedge questioned whether that would solve the issues at hand. “The ZBA does not think [mediation] is appropriate – either the Dover Amendment applies or it doesn’t.” Under Massachusetts’ Dover Amendment, academic institutions can bypass local zoning bylaws to construct facilities to provide their services.

Town Counsel Jon Witten said that although the Dover Amendment provides some zoning exemptions to academic institutions, “towns can still impose reasonable regulations, including setbacks.”

However, he said despite the ZBA’s reservations, the Board of Selectmen are going to move forward with the mediation process with Tabor.

“The mediation is nonbinding. Anything that happens will be protected by statute and not be disclosed,” Atty. Witten said.

As much as the Selectmen and other parties mediate, Atty. Witten said at the end of the day the ZBA is the defendant against Tabor Academy.

“Only the ZBA can settle the case. At the end of the day, the buck stops here,” he said.

In other news, the ZBA discussed hearings set to begin on January 26 for Baywatch’s modified affordable housing project – which will include two buildings with 30 affordable units and 36 standalone non-affordable homes.

Atty. Witten said the Selectmen have met with developers and are pushing for a modified plan that requires 25 percent of the free-standing units to be affordable. But Baywatch Realty is saying it is cost prohibitive at about a $500,000 loss, according to Mr. Wedge.

Atty. Witten said that the town is planning to require financials, or pro forma, from the developer showing where the company is really at in terms of profitability. A town can legally ask for this information if a case is reaching closure. The Baywatch project proposal began 11 years ago, thus the counsel believes sufficient time has passed to request more financial disclosure.

“It’s the only way to get numbers on the reasonable profits,” Atty. Witten said.

When the hearings begin on January 26, Mr. Wedge said he plans to “hold their feet to the fire” in ensuring Baywatch follow local rules.

Once the application process begins on the revised plan, the board has 180 days to render a decision.

“It’s nice to see the number [of units] come down. It is a good starting point, but the devil is in the details,” Mr. Wedge said of the case.

By Laura Fedak Pedulli

The Rochester Zoning Board of Appeals agreed to write a letter to Murphy’s Auto Salvage and their attorney requesting that a representative attend the next ZBA meeting to be held on February 9. The board agreed that they would ask for the petition for a Class III license for Bob’s Tire, located on the same property as Murphy’s Auto Salvage, to be withdrawn without prejudice or an additional continuance would be denied.

At issue are conditions of a 1985 Special Permit by the ZBA to clear out the property at 19 County Road and return it to a residential zoning condition.

“He’s shown no willingness to work with us, the town or the neighbors,” said Chairman Richard Cutler.

“This appears to be a purposeful delay… our request was to move forward in a timely manner,” said board member Benjamin Gilmore.

In another issue, Marjorie Skrutski of 10 Marion Road spoke to the board and asked if they had received a letter from the Planning Board regarding the ongoing issue of whether Sperry Tents can park on her property. The board had not received the letter.

According to Ms. Skrutski, she was told that if she put in another driveway, to allow for no backing out onto the street, the proposal would be approved. The board said that without actual plans and the narrative to go along with them, they couldn’t approve anything.

“We need a site plan to show what is being proposed,” said Mr. Gilmore. Ms. Skrutski was asked to visit the Planning Board office and get more information on any action or recommendations made by them. The board agreed to continue the hearing until February 23 at 7:30 pm.

The board also heard from Gregory Bednarczyk of 5 Gurney Place on a proposed deck, which would be 40 feet away from the property line and would need a variance. Mr. Bednarczyk asked the board what would be needed to get the variance.

Mr. Benjamin Gilmore noted that Mr. Bednarczyk had drawn the proposed deck on stamped as-built plans. “We need this plan to have a declarative statement that the deck drawn here isn’t a product of the engineering firm that drew up the original plan,” said Mr. Gilmore. The board outlined the procedure to be followed in applying for the variance.

Under correspondence, the board reviewed a letter from the building inspector to the owner of a dwelling at 654 Mary’s Pond Road, which had no permit in place to move from a single family dwelling to a multi-family dwelling.

Another letter from the building commissioner involved two lots, numbered 59 and 60 on Bennett Road which were deemed unbuildable due to zoning by-laws that came into effect in 1997. It was unclear if the two lots could be combined into one buildable lot.

By Joan Hartnett-Barry

Three options for the proposed Job’s Cove Pier Project were presented to the Marion Conservation Commission at their meeting on Wednesday evening, January 11. The presentation followed recommendations and comments provided by board members at the prior meeting, held on December 28, 2011.

Dave Davignon of N. Douglas Schneider Associates, along with John Ludes, presented the revised plans to the board.

The original proposal was for a pier, 380 feet in length, with 12 pilings with a five-foot width, which would have crossed the salt marsh in Job’s Cove.

The Notice of Intent, filed by Copper Medal LLC of 125-129 Converse Road requested permission to remove an existing solid-filled pier and construct a 380 foot long, pile-supported, T-shaped association pier in Job’s Cove with four gangways and four floats to service a total of eight homes (boats), consisting of four existing homes and four future single-family homes.

The association consists of eight lots, of which three are vacant and for sale. Of the eight lots, four acre existing homes and one is a lot that has been purchased and will be built upon in the spring of 2012.

The proposed pier will allow for eight slips, one for each homeowner in the association, for power boats 17 feet and under.

One of the three options proposed was to use remnants from an old pier, with only large rocks remaining, which would reduce the impact on shellfish and fragile marsh area. Another option placed the pier 82 feet from the existing permitted 1/2 acre aquaculture farm, which has the option to expand north to a total of one acre. Another option placed the pier 95 feet from the farm. Lengths of the pier ranged from 258 to 303 feet, depending on the options presented.

A letter from Marion Harbormaster Mike Cormier, with his recommendation on the options presented, will come this week for the board to consider.

Mr. Davignon said that he was continuing to gather comments from all the committees and agencies involved in the proposal, including the Marion Planning Board and the MA Department of Fisheries, Army Corps of Engineers, National Heritage for Endangered Species and Coastal Zone Management Agency and others.

The application was continued until January 25 at 7:15 pm.

The board also met with Rich Riccio of Field Engineering and Jay Hiller for an appointment with PNH Realty Trust (Hiller Dodge), 635 Mill Street, for a discussion regarding proposed improvements to the site. At issue was an expired Order of Conditions and a small addition for a covered area for customers to get in and out of vehicles in inclement weather, a condition required by the Dodge brand. A pavement improvement was included in the plans.

Mr. Hiller and Mr. Riccio presented the plans, dated from 2006 and proposed steps to close out the expired order, which involved a reconfirmation of wetland lines and to attend to the size of the retention pond to the rear of the property. Berms will be installed to contain run-off from the property. A new Notice of Intent will be filed after the wetland lines and retention pond issues are resolved.

Next up was the continuation of the proposal by Bay Watch Realty Trust for a Notice of Intent at Lots 27-29 off Front Street (Route 105) to construct an affordable housing complex under Chapter 40B with associated parking areas, on-site and off-site utility connections, storm water management infrastructure and related mitigation measures.

The board said they had an undated letter mentioning recent flagging of wetlands and staking on the property, but because no one from Bay Watch Realty Trust attended the meeting, the board voted to continue the hearing until 7:30 on January 25, 2012.
In other business, the board voted to approve minutes of the December 14 and 28, 2011 meetings, with minor changes.

The board also approved an expense of $110 for N. Hills to attend the March 3, 2012 Massachusetts Conservation Commission Annual Conference in Worcester, MA.

By Joan Hartnett-Barry